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    Re: provide reasons for its administrative or quasi-judicial decisions


    Dear Colonel Sir,
    The Department has specifically mentioned that the MIC has stopped the inquiry and directed to solve it "amicably" . We asked why it was needed ? Without taking action against the corrupt members, who had violated the specific rule /by law of the Co operative , why the department is interested to solve it "amicably ". I also am doubtful to have the proper answer. But what will be the reply ? --- Abhijeet


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    Re: provide reasons for its administrative or quasi-judicial decisions


    Lets wait and see what is the reply. I appreciate your optimism abhijit and I am sure you will make a difference.

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    Re: provide reasons for its administrative or quasi-judicial decisions


    Dear Abhijeet,
    Thank for starting this thread. RTI 2005 is really an act which may resolve all issues. Actually every thing enacted in RTI is available in prevailing law also. The public authorities are not interested to follow the same due to having their own interest. The public authorities are enjoying the benefit of judicial negligency. Now this RTI is evading on so many public authorities. In so many cases top to bottom level authorities are not interested in implementation in RTI 2005 and decision of CIC are also not having supportive to effective implementation of RTI.

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    Re: provide reasons for its administrative or quasi-judicial decisions



    I would like to inform one interesting fact in connection with the matter described above by me.
    One Dept. of that ministry has informed that the MIC had directed not to take any administrative action,whereas another Dept informed that "inquiry" had not been stopped. But nobody could indicate the progress of the inquiry. Mean time our Housing Society is becoming a jungle of illegally constructed multi- storied buildings. Some powerful (in all respect) persons are making money by this process and most of the members don't want to "disturb" them. Our free and fair administration is not sleeping , but wanted to solve the problem "amicably" The most partinent question is- Why ???--Abhijeet

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    Re: provide reasons for its administrative or quasi-judicial decisions


    This is only tool with public authorities he may sleep to earn money. In such a event there is only solution to take law in hand. Now there is a way of Bhagat Singh and another of Mahatma Gandhi. In my opinion we may win any war by use both of energy like Bhagat Singh and Mahatma Gandhi. You please try to make a group of person to represent both of dignatory and you may win the war. I am ready to do any help for Rajasthan and other state I am ready to provide the way how we may solve the problem. Wish you every success.

  6. #14
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    Re: provide reasons for its administrative or quasi-judicial decisions


    Along with Section 4 (1)(d), the important thing is the Process of reaching a decsions if it was biased/corrupted to supress truth. Hence we must also seek information under Section 4(1) (b) (iii).

    I have used both sections section 4(1) (d) and section 4 (1)(b) (iii) to seek documents pertaining to redress of my complaint lodged against ACR.

    Section 4 (1) d also does not mean a single speaking order but the process,methodlogy,manner how it was made.

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    Re: provide reasons for its administrative or quasi-judicial decisions


    If you are seeking the reasons under the provisions of RTI Act, it falls under the category of 'information'. One can only seek information available in material form with a public authority. If the authority stopped inquiry did not record reasons thereof, it can never be a material on record and not an information within the meaning of the Act.

    Definitely, there is a reason, but it is not in material form. You are only putting one side of the case. The other person involved may have another story to tell. When a decision is arrived at protecting the interest of both the parties, it becomes an 'amicable' decision.

    While giving reason is a basic tenet of law, giving opportunity of hearing to the other party or considering his view of the matter is another Ingredient of Principles of Natural Justice. When a decision is not finally arrived at, stopping of work or inquiry cannot be construed as a decision on merit in exercise of discretion. The interest of the other party is also required to be protected till such time an 'amicable' decision is arrived at.

    Under these circumstances, there seems to be no excess on the part of the authority who stopped the inquiry. At the same time, there is no final decision on the subject matter. There is also no final decision in the eyes of law to attract the provisions of Section-4(1)(d) of RTI Act.
    Last edited by RAVEENA_O; 21-07-09 at 07:40 PM.
    Satyameva Jayate सत्यमेव जयते

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    Re: provide reasons for its administrative or quasi-judicial decisions


    Reasons emanate from following a logical sequence,understanding and interpertation of law with the issueson hand when addressig a complaint. I agreewe cannot ask reason but under Section 4 (1) (b) (iii) we can ask the process that arrived to a decsion and decsion is under Section 4 (1) (d)

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